Lighter, Inc. Terms of Service

Effective as of December 20, 2023
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Acceptance of Terms

Lighter, Inc., a Delaware corporation (referred to as "Company," "us" or "we"), provides the website (https://www.lighterculture.com) (collectively with https://www.lighter.world, https://www.lighternutrition.com, and all subdomains, blogs, forums, or any private labeled sites, referred to collectively as the "Site"), as well as products and services and sales of same (collectively referred to as "Offerings"), subject to your compliance with the following Terms of Service ("Terms") and our Privacy Policy, found at https://lighter-assets.s3.amazonaws.com/legal/privacy-policy.html and incorporated herein by reference, as well as any other written agreement(s) between you and us.

We reserve the right to change these Terms from time to time, in our sole and absolute discretion, with or without notice to you. Any modification will be effective immediately upon the new Terms being posted on the Site. You acknowledge and agree that it is your responsibility to periodically review the Site and the Terms. Your continued use of the Site and Offerings after any such modifications will constitute your acknowledgement and unconditional acceptance of the modified Terms. Notwithstanding the foregoing, any changes to the dispute resolution provisions set forth in Section 13(C) will not apply to any disputes for which parties have actual notice on or before the date the change is posted on the Site.

As used in these Terms, references to our "Affiliates" include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or contents and Offerings available on the Site.

BY ACCESSING AND/OR USING THIS SITE AND/OR OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS OR PRIVACY POLICY, IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR OFFERINGS, IF APPLICABLE. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK THE 'I AGREE' BUTTON OR UPON YOUR CONTINUED USE OF THE SITE AFTER AN AMENDMENT TO THESE TERMS.

2. Offerings by Company and Third-Party Offerings

A. Company Offerings. Company may provide on its Site a number of Offerings for persons accessing and otherwise using the Site (each a “User” and collectively “Users”).

B. No Guarantee. Although Company works hard to provide quality Offerings, you understand and acknowledge that we cannot and do not promise or guarantee specific results from using the Site or Offerings available on this Site.

C. Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with the Site or the Offerings. You agree that the Offerings available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, misdelivery, or failure to store any User communications or personalization settings.

D. Third-Party Offerings. The Site may integrate or otherwise interoperate with or link to third-party websites or provide access for you to use or purchase goods or services, which may be performed online, offline, or through subscription services, from third parties (“Third-Party Offerings”). You acknowledge and agree that: (i) while the Company may have a business arrangement with the providers of the Third-Party Offerings (which may involve compensation paid to the Company), and the Site may have certain integration with the sites owned and/or operated by providers of Third-Party Offerings, the Third-Party Offerings are not “Offerings” as that term is defined in these Terms, (ii) Third-Party Offerings are not offered or sold by the Company, and are not subject to any of the warranties, service commitments, or other obligations of the Company to you or any User; (iii) the availability of the Third-Party Offerings does not represent the Company’s endorsement or affiliation with the provider of such Third-Party Offerings; (iv) the Company may begin or end any access to any Third-Party Offerings on the Site at any time without prior notice to you; (v) the Company has no obligation to, and does not, monitor the availability or sufficiency of the Third-Party Offerings; (vi) the Third-Party Offerings may be subject to other terms of use, service agreement(s), and/or privacy policies with the providers of such Third-Party Offerings; (vii) the Company may receive data and information about you from such providers and/or provide data and information you provide to the Company to providers of Third-Party Offerings for purposes of such providers to offer and sell such Third-Party Offerings to you; and (viii) the Company does not control the Third-Party Offerings and has no liability to you or any User, of any kind, in connection with Third-Party Offerings. Additionally, we may have items listed on our Site which were recommended, sponsored by, or for which we receive a fee to list, on behalf of a third party. Such items will also be considered Third-Party Offerings. While the Site may provide integration with the websites of providers of Third-Party Offerings, such as the ability to use your chosen recipes and meal plans in connection with Instacart’s site (www.instacart.com), the Company cannot guarantee that such integration will work as intended or that the specific items in any recipe on the Site will be available on Instacart. Instacart may sell goods which were manufactured by third-party entities, and the Company has no responsibility for evaluating the quality or any other aspect of such goods and will have no liability or responsibility to you or any third party therefrom. The Company further makes no representations that Instacart will offer all ingredients necessary for a recipe, or that any good offered or sold by Instacart will meet any of your health objectives.

3. Payment

A. Fees for Offerings. All sales are final, without exception, and all payments made to us are earned upon receipt. Any ability for you to obtain a refund will be controlled by Section 3(D), below, which we reserve the right to amend in our sole and absolute discretion at any time. If you choose to purchase one or more of the Offerings provided on our Site, you agree to pay all fees associated with the Offerings, pursuant to the amounts and payment terms as listed on the Site from time to time.

The Company and the Site do not process credit cards, or take other payment processing information. Payment processing is handled through third-party services, which are contracted with by the Company and subject to change at the Company’s discretion. The Company currently uses Stripe. In the event you sign up for an Offering that is ongoing and incurs recurring charges (such as a subscription), such charges will be billed in advance.

B. Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Offerings you have purchased, you agree that we may, at our option, suspend or terminate performance of Offerings or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees, arbitration costs, court costs, and other legal expenses, which expressly includes the cost of collecting upon any judgment rendered against you.

C. Third-Party Offerings. The Company may charge you a fee for access to certain Third-Party Offerings, and alternatively the Company may receive compensation related to your purchase of any Third-Party Offering. Notwithstanding the foregoing, any sale of a Third-Party Offering will be performed by you and the provider of such Third-Party Offering, without the Company’s involvement. Any billing issues, disputes, or other matters relating to payment, refund, discounts, or other financial matters for Third-Party Offerings shall be solely between you and the provider of the Third-Party Offering. Notwithstanding the foregoing, the Company may have a relationship with the provider of the Third-Party Offerings, and you shall not be deemed a party to, or a third-party beneficiary to, such agreement.

D. Refund Policy. To the greatest extent permitted by law, this section shall control all rights to a refund which you may have by law, contract, or otherwise. Refunds, exchanges, or credits are not provided for non-subscription services. For a subscription service, any request for refund by you must be provided to a Company customer service agent by phone, email, or chat within seven (7) days of your payment being made. Failure to make such a request within seven (7) days of your payment is a waiver by you of any right to a refund. If you have timely made a request for a refund for a subscription service pursuant to the term of this Section 3(D), Company will consider your request on a case-by-case basis. Any decision to provide a refund will be made by the Company in its sole and absolute discretion based upon such facts and circumstances as the Company considers relevant.

E. Taxes. We do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, assessable by any jurisdiction whatsoever (collectively “Taxes”). You are responsible for paying all Taxes associated with your purchases. If we have the legal obligation to pay or collect Taxes for which you are responsible, we will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.

4. Conduct, Posting Policies, & Third-Party Websites

A. User-Created or Shared Content Guidelines. Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments, posts, or other information you leave or transmit on or through the Site. Without limiting the foregoing, by posting information on the Site, or by otherwise using any communications service, message board, forum, newsgroup, direct messages between Users, or other interactive service available on the Site, you agree that you will not create user names or add avatars or images or post or send comments, messages, links, code, recipes, meal plans, or other information to us in any form (and via any means of communication, currently existing or existing in the future) that:

  1. is unlawful or promotes unlawful behavior, threatening, abusive, harassing, inappropriate, rude, objectionable, obscene, indecent, offensive, defamatory, deceptive, discriminatory, fraudulent, tortious, invasive of another's privacy, promoting of counterfeit goods, or includes graphic descriptions of sexual or violent content;
  2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
  4. gives the impression that you emanate from or are endorsed by us or any other person or entity, if that is not the case;
  5. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other rights of any party;
  6. consists of unsolicited advertising, junk or bulk email (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  7. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
  8. would be protected health information or individually identifiable health information, as defined in the federal Health Insurance Portability and Accountability Act of 1996 (or any equivalent state law), either of yourself or any third party;
  9. would constitute the professional practice of medicine, dietetics, or nutrition in any state where the poster of such information, recipient of such information, or the Company, is located in or subject to any applicable federal or state law;
  10. breaches the security of, compromises or otherwise allows access to secured, protected, or inaccessible areas of the Site, or attempts to gain access to any other network or server via your account on the Site or by attempting to use any other person’s account;
  11. impersonates any person or entity, including any of our employees or representatives;
  12. attempts to store or transmit materials that advertises or solicits business;
  13. uses any metatags or hidden text using our name or intellectual property; or
  14. restricts or inhibits any other person from using and enjoying the Site, interferes with or disrupts the integrity or performance of the Site or any Offering, or which exposes the Company, its customers, or its suppliers to any liability or detriment of any type.

We reserve the right, but not the obligation, to investigate any allegations and determine to remove, edit, report, or disclose any communication on the Site. In addition to the foregoing, we expressly reserve the right to take any action we deem necessary to protect our Users, our staff, our business, and the public. It is expressly agreed that we have no liability or responsibility to you, other Users, or any other person or entity for the performance or nonperformance of the aforementioned actions.

B. No Endorsement. Company neither endorses nor assumes any liability for any material uploaded, submitted, or transmitted by Users on any part of the Site. Although we do not pre-screen, police, or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms, any applicable laws, regulations or rules, and any other rules of User conduct for our Site (which we may create and modify from time to time in our sole and absolute discretion), or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.

C. Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties. While we make reasonable efforts to work with trusted, reputable providers, from time to time such sites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by any third-party websites, nor are we responsible for errors or omissions in any references made on those websites. Further, you agree that we are not responsible for any damages or loss caused or alleged to have been caused by, or in relation to, your use of any content, goods, products, or services offered through such third party websites and links or any failure and/or disruption to your computer system, phone, or smart device that results from your use of any such links or websites. The inclusion of such a link or reference on the Site is provided merely as a convenience and does not serve as or imply endorsement of, or association with, those websites or any warranty of any kind, either express or implied. Additionally, the Site allows Users to post various information and to choose preferred menus, recipes, and other items, and we are not responsible for accuracy, completeness, decency, or legality of content posted by any individual user.

D. Promotions. From time to time, the Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties, or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

E. No Professional Services. The Company is in the business of and makes the Site available to provide a service to its Users consisting of access to menus, recipes, and shopping lists. The Company does not hold itself out as, does not purport to, and is not licensed to, practice medicine, dietetics, or the practice of nutrition.

While the Site allows users to choose menus and recipes and allows others to see the same, you are responsible for regularly meeting with your healthcare provider and other nutrition professionals to customize your dietary needs. The menu suggestions on the Site are not intended to and should not take the place of individual medical care or advice. You should consult with your doctor, nutritionist, and/or dietician before making any changes in your diet. Dietary changes can alter medication needs which should be addressed with your doctor. The Company makes no representations or warranties with respect to, and in no way guarantees, the accuracy, completeness, or usefulness of our Offerings or the Site based on your individual nutritional needs, mental or physical status, or health care factors.

Further, the Company’s relationship with any provider of a Third-Party Offering does not act as a recommendation for any Third-Party Offering. You should consult with your healthcare professional regarding consumption of any Third-Party Offering. You agree to hold the Company harmless and to defend and indemnify the Company and its Affiliates from any damages, personal injury (including illness, death, or otherwise), liabilities, or costs of any kind (including, but not limited to, reasonable attorneys’ fees) arising from, out of, or in connection with any use, advice, or ingestion (by you or any third party) of any Third-Party Offering, or effects therefrom.

You are not authorized to and should not use the Site as a means to provide or receive medical, dietetic, or nutritional advice, and any such activities should take place using alternative channels of communication which do not involve the Company. If you violate this restriction and choose to provide or receive professional services constituting medical, dietetic, or nutritional advice on or through the Site, you agree to hold the Company harmless and to defend and indemnify the Company and its Affiliates from any damages, personal injury (including illness, death, or otherwise), liabilities, or costs of any kind (including, but not limited to, reasonable attorneys’ fees) arising from, out of, or in connection with your use, advice, or ingestion (by you or any third party) of any item of food or other nature, or effects therefrom.

E. Tampering. You may not modify, move, add to, delete, or otherwise tamper with the content (as defined below) contained on the Site. You agree not to adapt, decompile, modify, reverse engineer, reverse compile, disassemble, frame or mirror, translate, or unlawfully use, reproduce, or create derivative works based on any of our content, trade secrets, confidential information, or other proprietary information contained on the Site, in whole or in part. Additionally, you agree not to manually or by automated spider, robot, or other software “scrape” or download data from any of our Site’s pages.

F. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

5. Company Intellectual Property

A. Content. For purposes of these Terms, "content" is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site, excepting “User Content” (hereafter defined).

B. Ownership of Content. By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of the Company or its Affiliates (except for User Content).

All custom graphics, icons, logos and service names are registered trademarks, trademarks, or service marks of the Company or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of the Company or its Affiliates.

Certain of the ideas, software, and processes incorporated into the Offerings available on this Site may be protected by patent applications pending in the United States, and we may also prepare and file additional patent applications in selected foreign jurisdictions.

C. Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, rent, loan, lease, license, sell, reverse engineer, creative derivative works based on, display, send, distribute, or otherwise infringe on, impair, or take any action that would jeopardize any intellectual property rights related to any content (including User Content) from this Site in any form or by any means whatsoever without prior written permission from us. Further, you may not remove or obscure our copyright or trademark notices in either hardcopy or machine-readable portions of the Site. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal and/or civil penalties. Additionally, any unauthorized reproduction, modification, distribution, derivative works from, or any exploitation of our content in whole or in part is prohibited and will be considered a violation of the Terms.

D. No warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe upon the rights of third parties.

E. No warranty for Compliance with Law, Rule, or Regulation. Neither we nor our Affiliates warrant or represent that your use of the Site or Offerings, or creation of User Content, will not violate any applicable law, rule, or regulation.

F. User Testing. You may at times be asked to participate in user surveys or trials, which will not be mandatory. If you choose to participate in any testing, surveys, or trials you agree that (i) any and all of the items provided to you in any testing, survey, or trial are proprietary to us, and you agree not to disclose same to any third party, except as required under applicable law; (ii) these Terms apply to your use of any items tested, or surveys or trials participated in, as if same were a part of the Site; and (iii) you grant us a perpetual, sublicensable, exclusive, world-wide, paid-up, irrevocable, royalty-free license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display any feedback provided by you on the Site or in any manner we see fit. If you do not agree with these Terms and this section you may not participate in any user testing.

6. Content You Create

A. Your Intellectual Property Rights. Subject to our Privacy Policy any communication or material that you transmit to the Site or to us, whether by email or other means, for any reason, including but not limited to names, avatars, comments, likes, images, and other files (“User Content”) will be treated as non-confidential and non-proprietary user content. While you retain all rights to the User Content, you grant us (including our Affiliates), a nonexclusive, sublicensable, paid-up, royalty-free, perpetual, irrevocable, and worldwide right to copy, distribute, display, distribute, make derivative works from, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used. Additionally, we retain full editorial control and may refuse to accept any submission by you for any reason.

B. Digital Millennium Copyright Act. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.

C. DMCA Infringement Complaint. If you believe that you or someone else's copyright has been infringed upon by the Company or User Content provided on the Site, you (or the owner or rights holder, collectively, "Rights Holder") should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on the Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include:

  1. A description of the copyrighted work that you claim has been infringed including Title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
  2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, filename or URL of the page(s) that contain(s) the material);
  3. The Rights Holder's contact information so that we can contact them (including for example, the Rights Holder's address, telephone number, and email address);
  4. A statement that the Rights Holder has a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
  6. The Rights Holder's signature, which may be electronically signed.

Notice may be sent:

By Mail:
Lighter, Inc.
867 Boylston Street
5th Floor #1017
Boston, MA 02116
Attn: Admin

By e-mail: admin@lighterculture.com

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

D. DMCA Counter-Notification. If material that you have posted to our Site has been taken down (or access to such content was disabled) and you believe such material was not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to upload and use the material on the Site, you may file a counter-notification that contains the following details:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  3. Your name, address and telephone number;
  4. A statement that you consent to the jurisdiction of the state courts or federal district court in Boston, Massachusetts, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
  5. Your physical or electronic signature.

Notice may be sent:

By Mail:
Lighter, Inc.
867 Boylston Street
5th Floor #1017
Boston, MA 02116

By e-mail: admin@lighterculture.com

If a counter-notice is received by us, we will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the provider of the material, the removed content may be replaced or access to it restored ten (10) business days or more after receipt of the counter-notice, at the Company’s sole discretion.

You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from the Site without liability to you or any other party.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

E. Repeat Infringer. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, individuals who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Site and the Offerings and/or terminate any agreement with any User who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

E. Confidential Information. As stated above, all communications sent by you to us will be treated as nonconfidential and nonproprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions, or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.

7. Email Services & Data Stored on Our Servers

A. Email or Messaging Service. We may make email, text messaging, or other public and private messaging services available to users of our Site, either directly or through a third-party provider. We will not inspect or disclose the contents of private messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et. seq. or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

B. Spam Prevention. We use automated tools or techniques to protect our users from mass unsolicited messages (also known as "spam") and/or other types of malicious or harmful content. However, such tools or techniques are not perfect, and we therefore are not responsible in cases where legitimate communications are accidentally blocked, or unsolicited communications get through to your Company supplied account or email.

C. Storage Provided by Us. If you opt to store personal data of any kind on our servers, you understand and agree to abide by our general practices and limits concerning use of the Offerings available on our Site, including without limitation, the maximum number of days that uploaded content will be retained, the maximum disk space that will be allotted, and the maximum number of times you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Site. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee (if applicable), that remain inactive for longer than one thirty (30) days, or in cases where you have violated one or more terms of these Terms.

8. Privacy & Security

A. Login Required. In order to access some of the Offerings on this site, or to post User Content, you may be asked to set up an account and password or link another account, such as your Apple, Facebook, or Google accounts. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. Further, you acknowledge that your user name will be public.

B. Passwords & Security. If you register for an account on the Site, or link another account to the Site, you agree that your account is for a single user only and that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account.

C. Use of Your Information and Disclosure to Third-Party Affiliates. You hereby grant us the right to use and to disclose to third parties all information regarding your use of the Site and all information provided by you to us, including your Registration Info. You further agree that we may access or connect with third-party services and access or retrieve information or data about you from third-party services. The information we obtain through your use of the Site, including your Registration Info, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms.

D. Third-Party Registrations. The purchase of Third-Party Offerings may require you to create an account with the provider of such Third-Party Offerings. Any information you need to provide for a Third-Party Offering and the rights such third party has to the information you provide to them is solely between you and the provider of the Third-Party Offering. You agree that we have no responsibility or liability for such third-party interactions.

E. Third-Party Integration You hereby agree that we are not responsible for any disclosure, modification, or deletion of your data or materials resulting from your use of any third-party products, services, content, or integration, including but not limited to single sign-on features. To the extent that we offer services, links, integration, or otherwise interoperate with third parties, we do not guarantee the continued availability of such features and may cease providing them without entitling you to any refund, credit, or other compensation.

9. Disclaimer

ALL CONTENT AND OFFERINGS ON THIS SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, RELIABLE, COMPLETE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS, (E) THAT ANY FUNCTION OF CONTENT CONTAINED ON THE SITE OR ANY OFFERING WILL BE UNINTERRUPTED, SECURE, ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND SOLE RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products, services, or offerings provided by any third party (including but not limited to any Third-Party Offerings), including, but not limited to the purchase terms, payment terms, warranties, and guarantees relating to such transactions, are agreed to solely between the seller of such merchandise and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, AND/OR IN CONNECTION WITH THIRD PARTY OFFERINGS OR USER CONTENT (WHETHER OR NOT THE SITE DIRECTED YOU TO OR ALLOWED YOU TO ACCESS SUCH THIRD PARTY OR USER CONTENT, OR WHETHER INFORMATION FROM THE SITE WAS USED IN YOUR PURCHASE OF THIRD-PARTY OFFERINGS), OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY, OR REGARDING A THIRD-PARTY OFFERING, IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU OF ANY KIND OR NATURE REGARDING YOUR PURCHASE OF ITEMS FROM THIRD PARTIES IN CONNECTION WITH THE SITE OR REGARDING PURCHASE OF THIRD-PARTY OFFERINGS.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU (INCLUDING ACCESS TO OR INTEGRATION WITH THIRD PARTY OFFERINGS). WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, OFFERINGS, THIRD-PARTY OFFERINGS, USER CONTENT, MENUS, NUTRITIONAL INFORMATION, RECIPES, OR SHOPPING LISTS ARE ACCURATE OR SUITABLE FOR YOUR INDIVIDUAL GOALS, TASTES, LIFESTYLE, HEALTH CONDITIONS, OR PHYSICAL OR MENTAL SITUATION. IT IS YOUR RESPONSIBILITY TO MEET WITH YOUR HEALTHCARE PROVIDER AND OTHER PROFESSIONALS TO CUSTOMIZE YOUR DIETARY GOALS AND NEEDS. WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR INACCURACIES REGARDING ANY NUTRITIONAL INFORMATION, AS THE SITE IS NOT INTENDED TO PROVIDE NUTRITIONAL INFORMATION AND SAME IS PROVIDED FOR CONVENIENCE AND SHOULD NOT BE RELIED UPON FOR MEDICAL, NUTRITIONAL, OR ANY OTHER REASON. YOU NEED TO BE COGNIZANT OF WHAT YOU INGEST AND WE CANNOT AND SHALL NOT BE LIABLE FOR SAME. YOUR MENU SUGGESTIONS AND OTHER ITEMS ON THE SITE AND OFFERINGS ARE NOT INTENDED TO AND SHOULD NOT TAKE THE PLACE OF INDIVIDUAL MEDICAL OR NUTRITIONAL ADVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND IN NO WAY, GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF OUR SERVICE, SITE OR OFFERINGS BASED ON YOUR INDIVIDUAL NUTRITIONAL NEEDS, MENTAL OR PHYSICAL STATUS, OR HEALTH CARE FACTORS. WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE INGESTION (BY YOU OR ANY THIRD PARTY), OF ANY FOOD ITEM OR EFFECTS THEREFROM. WE ALSO EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH ANY DIRECT OR INDIRECT ADVICE, RECOMMENDATION, OR DIRECTION YOU MAY MAKE TO ANOTHER INDIVIDUAL (INCLUDING A USER OF THE SITE OR ANY OTHER INDIVIDUAL) REGARDING THE INGESTION BY ANY SUCH INDIVIDUAL OR THIRD PARTY OF ANY FOOD ITEM OR EFFECTS THEREFROM.

YOUR USE OF THIRD-PARTY OFFERINGS OR USER CONTENT IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY OFFERINGS OR USER CONTENT (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY OFFERINGS). THE COMPANY MAKES NO WARRANTY OR REPRESENTATION IN CONNECTION WITH THE AVAILABILITY, SUFFICIENCY, DELIVERY, CONTENT, CHARGES, OR OTHER ASPECTS OF ANY THIRD-PARTY OFFERING OR USER CONTENT.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

10. Limitation of Liability & Indemnification

Your exclusive remedy and our entire liability, if any, for any claims arising from, out of, or relating to these Terms, your use of the Site, or any Offering, shall be limited to your ceasing to use the Site and all Offerings and the amount you paid us for Offerings purchased on the Site during the three (3) month period before the discovery of the act or omission giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES WERE REASONABLY FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING FROM, OUT OF, OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE, OR IN CONNECTION WITH ANY OFFERING OR THIRD-PARTY OFFERINGS.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THIRD PARTIES THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. ADDITIONALLY, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY OFFERINGS OR USER CONTENT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (INCLUDING CONSUMER PROTECTION LAWS) WHICH PROHIBIT THE EXCLUSION CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

You agree to defend, indemnify, and hold the Company and its Affiliates harmless from any damages, claims, personal injury (including illness, death or otherwise), liabilities, or costs of any kind (including reasonable attorneys’ fees) arising from, out of, or in connection with (i) your (or any third party’s) ingestion of any item of food or other nature, or effects therefrom, or (ii) the investigation or prosecution by any governmental or other body with jurisdiction over the receipt of medical, dietetic, or nutritional advice, or (iii) your (or any third party’s) ingestion or use of any Third-Party Offering, or effects therefrom, or (iv) otherwise.

Additionally, you agree to defend, indemnify, and hold us and our Affiliates harmless from all damages, claims, personal injury (including illness, death or otherwise), liabilities, or costs of any kind (including reasonable attorneys’ fees) that may arise from your User Content or use or misuse of the Site, or violation of the Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

You acknowledge and agree that neither we nor any third party which posts information on our Site or which provides information to us which we use on the Site, including recipes or otherwise (individually a “Provider” and collectively the “Providers”) shall be liable to you in any way for any losses, damages, or other costs of any kind except as expressly provided in these Terms. You agree to fully assume the risk of use of the Site including use of any information or materials provided by us or a Provider.

IN NO EVENT SHALL PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY (INCLUDING DEATH, ILLNESS OR OTHERWISE), LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES WERE REASONABLY FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING FROM, OUT OF, OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

Additionally, you agree to defend, indemnify, and hold us and our Affiliates and Providers harmless from all damages, claims, personal injury (including illness, death or otherwise), liabilities, or costs of any kind (including reasonable attorneys’ fees) that may arise from your User Content or use of the Site.

11. Private Label Partnerships

The Company has made agreements, and may make future agreements, with third parties who may make the Site accessible to their users through a website that the third party operates (hereinafter referred to as the “Third-Party Site”). Any interactions you may have with the Third-Party Site may be governed in its entirety by that party’s Terms of Use or other online agreements. Notwithstanding the foregoing, any interaction between you and us or our Site, whether through a private label or otherwise, are subject to these Terms. With respect to any private label arrangement between us and a third party, the Company and the third party may also engage in revenue sharing, which means that your payment for any subscription services on this Site or a Third-Party Site may be shared between the third party and the Company. The terms of any private label partnership between us and any of our partners are confidential. Subject to the terms of our Privacy Policy, you agree to having your PII (defined in the Company’s Privacy Policy) shared with these third parties so that they may email you directly or use same for other business purposes.

12. Termination, Discontinuing, and Modifications

A. Grounds for Termination, Discontinuing, and Modifications. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site and/or any Offering with or without notice and for no reason or any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to the Site, and reporting you to the proper authorities, if necessary. Additionally, we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and any Offerings provided on the Site (or any part thereof) with or without notice.

B. Effect of Termination, Discontinuing, and Modification. Upon discontinuing of the Site and/or any Offering and/or terminating your use or the Site or any Offering, regardless of the reason(s), if any, motivating such discontinuance and/or termination, your right to use the Site and the Offerings, as applicable, on this Site will immediately cease. We will not be, and you agree we are not, liable to you or any third party for any claims for damages arising from, out of, or in connection with any termination, modification, discontinuing, or suspension of the Site, any Offering, or your use of the Site or any other actions taken by us in connection therewith. Sections 1, 3-11, and 13 of these Terms, as well as your liability for any unpaid fees, shall survive any termination, modification, suspension, or discontinuation.

13. Miscellaneous Provisions

A. Intended Audience; International Use. The site is intended for use by adults located in the United States. Although this Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk. If you choose to access the Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the internet. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.

B. Governing Law. The Site (excluding any Third-Party websites) is controlled by us from our offices in the Commonwealth of Massachusetts, and the statutes and laws of the Commonwealth of Massachusetts shall be controlling, without regard to the conflicts of laws principles thereof. Every interaction between you and us, the Site, and any of our Affiliates, including these Terms and otherwise, shall be deemed to have occurred in the Commonwealth of Massachusetts, regardless of any other state’s conflict of interest rules.

C. Dispute Resolution.

  1. ANY CLAIM, CONTROVERSY, OR DISPUTE ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SITE, THESE TERMS, THE OFFERINGS, AND/OR THE COMPANY MUST BE RESOVLED EXCLUSIVELY THROUGH FINAL BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PERSON.

    YOU AGREE TO GIVE UP ANY RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

  2. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 13(C). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

    The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

  3. The prevailing party in any action arising from, out of, or in connection with the Terms, Site, and/or Offerings shall be entitled to recover their reasonable attorneys’ fees, experts’ fees, and costs (including, but not limited to filing fees and attorneys’ fees and costs incurred in collecting on any judgment or award), which may be set by the arbitrator in the same action or in any separate action brought for that purpose.

  4. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SITE, ANY OFFERING, OR THE TERMS, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

D. Notices. All notices to a party shall be in writing and shall be made either via email, text message, or conventional mail. Notices to us must be sent to the attention of Customer Service at inspiration@lighterculture.com, if by email, or to our address Lighter, Inc., 625 Massachusetts Ave., Ste. 2, Cambridge, MA 02139, if by conventional mail. At this time, we do not accept notices by text messages. You agree to accept notices and to allow us to submit notices to you either through the email address or phone number provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (i) on the delivery date if delivered personally to the party; (ii) two (2) business days after deposit with a commercial overnight carrier, with written verification of receipt; (iii) five (5) business days after the mailing date, if sent by U.S. mail, return receipt requested; (iv) on the delivery date if transmitted by confirmed facsimile; or (v) on the delivery date if transmitted by confirmed email or by text message.

E. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, publish, or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 5 of these Terms.

F. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, epidemic, pandemic, adverse weather, inability to secure transportation, denial of service attack, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

G. Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The invalidity, illegality, or unenforceability of any term or provision of these Terms shall not affect any other term or provision of the Terms or invalidate or render unenforceable such terms or provisions in any other jurisdiction.

H. No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision. Any waiver by us must be in writing signed by an officer of the Company to be enforceable. A waiver by us of any breach of any provision of these Terms by you may not be construed as a continuing or subsequent waiver thereof, or as a waiver of any breach of any other provisions.

I. Entire Agreement. These Terms and the Privacy Policy and all other additional policies, guidelines, rules, and other agreements and documents posted by us on the Site constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. Except for our ability to update or amend these Terms, these Terms may NOT be altered, supplemented, or amended by you or through the use of any other document(s). Accordingly, you should visit the Site and review the Terms periodically to determine if any changes have been made by us. Your continued use of the Site after any changes have been made to the Terms signifies and confirms your acceptance of any such changes or amendments to the Terms, Privacy Policy, and all other policies, guidelines, rules, and other agreements and documents posted by us on the Site. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

J. Headings. Section headings provided in the Terms are for convenience only and will not affect the construction of any provision of the Terms.

K. Interpretation. The Terms will not be interpreted for or against any party, but in accordance with their plain meaning.

L. Transfer. You may not transfer, delegate, or assign these Terms or any of your rights or obligations resulting therefrom without the prior written consent of the Company, which Company may withhold in its sole and absolute discretion. Company may transfer, delegate, and/or assign these Terms and any rights or obligations resulting therefrom in its sole and absolute discretion.

M. Right to Monitor. We may, but have no obligation to, monitor our Site and Offerings including any customer data, communication, and content. We may disclose any information if we determine that such action is necessary to satisfy our legal obligations, protect our or our customers and end users, or operate properly. We, in our sole discretion, may refuse to post, remove, or refuse to remove, any customer data, communication, and content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of the Terms or applicable law.

N. Signature Authorization and Consent. You represent and warrant that all signatures, including electronic signatures, will be binding on you. Further, you (i) agree to do business with the Company electronically; and (ii) intend for your electronic signature to be the same as a handwritten signature for the purposes of validity, enforceability, and admissibility.

O. No Competitor Use. The Company’s direct competitors are prohibited from accessing the Site and any Offerings, except with the Company’s prior written consent. In addition, the Site and our Offerings may not be accessed for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking, or competitive purposes.

P. Social Media. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, which Company may withhold in its sole and absolute discretion. This Site may provide certain social media features that enable you to:

  1. Link from your own or certain third-party websites to certain content on this Site.
  2. Send emails and other communications with certain content, or links to certain content, on this Site.
  3. Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. In addition to the foregoing, you may not:

  1. Establish a link from any website that is not owned by you.
  2. Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  3. Link to any part of the Site other than the homepage
  4. Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.